Any update on Chicago ADU expansion? Exceptions to curent areas?

Question

The latest I saw was this article:https://therealdeal.com/chicago/2023/06/09/top-chicago-offic...And that there's an openness to expand the pilot areas to beyond what's been marked. Has anyone heard any updates?

Also - have a property that's just steps away from their boundary, and curious if anyone's seen an exception made to adding an ADU legally?

Samuel Pavlovcik · Answer

@Mark Ainley and @Jonathan Klemm, thanks for the Mention.
@Account Closed, I've definitely been hearing chatter regarding the expansion/removal of area limitations for the ADU Program; and even that a modified proposal was being presented to City Hall. That being said, there is no guarantee of when, or if, this will ever happen.

In regards to your question for adding a unit outside the ADU Pilot Areas; there are a few opportunities; however, they tend to be more streneous than the ADU Pilot Program when it comes to a Department of Zoning standpoint.

1) Verify the Existing lot Zoning & Area. I have had quite a few projects that actually Qualify to add an additional unit "By Right" i.e. based on the current Zoning designation and lot area. In these cases, even by adding a unit to the existing building, you are "Within COmpliance" of the Zoning Ordinance, and therefore there is no restriction.

2) Variation: If the lot area is Close to what would be required (within 90%) you could qualify to pursue a Zoning Variation in order to permit the extra unit to be added. You would still need to hire a Zoning Attorney and go through the full Zoning Board of Appeals (ZBA) Process; however, if you have the Alderman's support and no opposition for the neighbors/community; you may have a good case to argue.

3) Map Amendment: This is the case that @Jonathan Klemm had mentioned, where you are actually "Changing" the zoning designation of your specific lot in order to be permitted to add additional units. This tends to be a larger "Ask" from the ZBA; however, your Zoning Attorney can frequently submit and process the request, even without providing Architectural drawings.

Bonus) Exemptions: There are a few "Exemptions" within the ordinance (17-2-0303-B) which can (occasionally) play a role in finding hidden opportunities. One I have had specific success with is in the RS-3 District, where there is an exemption which would permit you to construct a 2-Unit building instead of a Single Family Residence if you have a lot area of at least 3,000 sq.ft. and if you can prove that 60% or more lots fronting on the same side of the street between the two nearest intersecting streets have been lawfully improved with buildings containing more than one dwelling unit. We used this Exemption to tear down (2) single family homes which were both on extra wide 37.5' lots; then divide the lots into (3) 25' wide lots, then construct (3) 2-Unit buildings in place of the previously existing (2) single-family homes; therfore getting 6-Units out of 2 within an otherwise "Single-family" Zone!

Jonathan Klemm · Answer

Hey there Account Closed.

I've never heard of any exceptions besides doing a zoning change.  Chicago like other large metro areas is a very slow-moving machine....my guess is it could be years.

The amount of actual ADUs has been underwhelming because of the cost.

Mark Ainley · Answer

@Samuel Pavlovcik Maybe you have some feedback here on the progress in city council?

Account Closed Great post and I am looking forward to seeing this go through!

Any update on Chicago ADU expansion? Exceptions to curent areas?

Any update on Chicago ADU expansion? Exceptions to curent areas?

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